Kline v. Galland

Citations

• 53 Wash. 504
• 102 P. 440
• 1909 Wash. LEXIS 1354

Syllabus

<p>Equity — Laches—Stale Demands. Where parties to whom an estate had been devised, subject to a life estate in the wife, delayed for fifteen years in bringing an action to set aside probate proceedings declaring the separate estate of a husband to be community property, and to set aside deeds made by them on fraudulent representations, the delay being until four months after the death of the wife, who it is alleged had fraudulently deceived the parties as to the nature of the estate, there is such gross laches as to bar the action, the heirs having for many years lived in Washington and adjoining states, some of them in the city where the judgments were matters of record and accessible, without taking any steps to contest the proceedings, although knowing that they had some interest in the estate, and making no explanation of their continued ignorance as to their rights.</p> <p>Infants — Laches—Repudiation of Contract. Where a minor, before majority, gave a deed of his interest in an estate, and, after becoming of age, failed to promptly repudiate the deed, and only commenced action within three days of the year limited therefor to set aside the probate proceedings, which had been a matter of record for fifteen years, he is guilty of laches barring a recovery, regardless of the statute of limitations.</p>